Eaton v Hamilton [2021] NSWDC 731

District Court New South Wales

Medium Neutral Citation: Eaton v Hamilton [2021] NSWDC 731 Hearing dates: 17 December 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Jurisdiction: Civil Before: Dicker SC DCJ Decision: 1. Orders in accordance with the Order signed and initialled by Dicker DCJ, dated 17 December 2021 and placed with the papers. 2. Listed for further hearing before Strathdee DCJ as Vacation Judge at 10am on 21 December 2021. Catchwords: JURISDICTION – power of District Court to grant ancillary injunctive relief in aid of an action TORTS – private nuisance – elements of tort INJUNCTIONS – requirements for interlocutory injunctions Legislation Cited: District Court Act 1973 (NSW) Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Glenn v Kemp [2021] NSWDC 656 Great Northern Developments Pty Ltd v Lane [2021] NSWCA 150 Hargrave v Goldman [1963] HCA 56; (1963) 110 CLR 40 Malliate v Sharpe [2001] NSWSC 1057 Michos v Council of the City of Botany Bay [2012] NSWSC 625 NorthWest Healthcare Australia Re Ltd [2021] NSWSC 816 Wakim v Wakim [2018] NSWCA 61 Category: Consequential orders Parties: William Joseph Eaton (First Plaintiff) Amanda Heather Jane Eaton (Second Plaintiff) Trent Aarron Hamilton (First Defendant) Karen Louise Hamilton (Second Defendant) Representation: Counsel: Mr Horowitz (First and Second Plaintiffs) (via AVL) No appearance (First and Second Defendants)